How can I make seller pay for this damage that they did?

UPDATED: Sep 30, 2022

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How can I make seller pay for this damage that they did?

The seller of the condo sold the house to me misstating that the bent vinyl fence
is being looked into by HOA and it seems to be an HOA issue. This is signed by
the seller in response of the repair list from me as the buyer. Now HOA got back
to me after purchase that I’ve inherited this issue and it’s the owner
responsibility. They are charging me 800 for this. The seller actually took the
advantage of my good faith. How can I make them pay for this damage that they

Asked on December 7, 2016 under Real Estate Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the seller for fraud.  Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, the seller took advantage of your good faith, as you stated in your question, by intentionally misrepresenting in the signed statement repair list that the "bent fence is being looked into by the HOA and seems to be an HOA issue".
Due to the amount in question, you should file your lawsuit for fraud in small claims court.  Upon prevailing in the case, you can recover the $800 plus cost of repairs to the fence plus court costs.  Court costs include the court filing fee and process server fee.  You can enforce the court judgment against the seller with a wage garnishment. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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